Miller’s Ale House Zing Day Sweepstakes
NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. PROMOTION PERIOD: The Miller’s Ale House Zing Day Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on July 22, 2021 and ends at 11:59 PM ET on July 28, 2021 (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select up to fifty (50) winners of a $50 Miller’s Ale House Promotional Card from among all eligible entries received, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Miller’s Ale House, Inc., located at 5750 Major Blvd, Suite 400, Orlando, FL 32819 (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of Delaware, Florida, Georgia, Illinois, Maryland, New Jersey, Nevada, New York, Ohio, Pennsylvania, Tennessee and Virginia who are 18 years of age or older at time of Entry. Officers, directors and employees of Sponsor, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, food vendors, advertising and promotion agencies (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
3. HOW TO ENTER: VIA INSTAGRAM: At the beginning of the Promotion Period, Sponsor will publish a post on its Instagram account @millersalehouse announcing the Sweepstakes and inviting entrants to enter the Sweepstakes (the “Sweepstakes Post”). To enter the Sweepstakes, eligible entrants must complete the following steps during the Promotion Period: (i) like or follow the @millersalehouse Instagram account; and (ii) post an original comment on the Sweepstakes Post that that complies with the “Comment Guidelines” below, tags one (1) or more friends and incorporates the hashtags #MillersAleHouse, #Sweepstakes, and #NationalZingDay (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Each entrant’s social media account must be public to enter the Sweepstakes. You must have permission from the people you tag.
Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human error which may occur in posting Comments, or] processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
4. WINNER NOTIFICATION: After the end of the Promotion Period, the Prize winners will be randomly selected in a drawing from all eligible entries received during the Promotion Period. Potential winners who entered via Instagram Entry will be contacted by Sponsor via Instagram Direct Message (“DM”) or comment, on or about the business day following the random drawing in which they were selected, and will asked to provide additional information back to the Sponsor, including email and postal address. Noncompliance within this time frame, return of prize or prize notification as undeliverable, or declining the prize for any reason, will result in disqualification and selection of an alternate winner. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only up to two (2) alternate random drawings will be held for each available prize, after which the prize may remain un-awarded.
5. PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and promotional purposes or the Sweepstakes or other promotions, and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.
6. PRIZES/ODDS: There are fifty (50) prizes available in the Sweepstakes. The prizes consist of one (1) Miller’s Ale House promotional gift card for Fifty Dollars ($50). Promotional gift cards expire six (6) months after their date of issue. Promotional gift cards cannot be used to purchase alcoholic beverages and are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the Miller’s Ale House Gift Card complete terms and conditions, including expiration dates. The total approximate retail value of all prizes awarded in this Sweepstakes is $2,500. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of prize will be delivered only to an address in the United States.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. GENERAL RULES: In no event will more than the stated number of prizes be awarded. If an entrant submits more than the stated number of Entries permitted, and/or if the Sponsor suspects that an entrant attempted to obtain additional Entries by using multiple phone numbers, email addresses, registrations, identities or any other method, all Entries submitted by the entrant may be declared null and void. Entrants/winners agree to release, discharge and hold harmless Released Parties and Instagram, from and against any and all liability (including damages caused or claimed to be caused) arising out of participation and/or acceptance/use of prize, and agree to be bound by these Official Rules and the Sponsor’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the sweepstakes or in the announcement of the prizes. Entrants agree that the Released Parties and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Sponsor assumes no responsibility for undeliverable direct messages or emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s Instagram or email account to receive message and/or email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug or other technical problem corrupts the administration or security of the Sweepstakes or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion as determined by Sponsor, in their sole discretion. In the event of termination, drawing for all remaining prizes will be conducted from among all eligible Entries received prior to termination.
8. LIMITATIONS OF LIABILITY: The Released Parties and Instagram are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
9. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. By participating in this Sweepstakes, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Released Parties arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Orlando, Florida (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Released Parties’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Released Party; and (8) (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
11. WINNERS LIST: To obtain a copy of any legally required winner’s list, or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Miller’s Ale House, Attn: Marketing – Zing Day Sweepstakes, 5750 Major Blvd., Suite 400, Orlando, FL 32819. All such requests must be received within six (6) weeks after the end of the Promotion Period.